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Category Archives: Discrimination

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Did You Know…Depression Does Not Automatically Qualify An Employee For FMLA Leave

Posted in Court Decisions, Disability Discrimination, Discrimination, Leave Laws

In recent years, employers have been bombarded by increasing numbers of lawsuits by employees with mental disabilities alleging discrimination and retaliation.  These lawsuits are based on a variety of theories including alleging being denied federal and/or state protected medical leave.  In a small blow to this growing trend, however, the Eleventh Circuit recently vacated a… Continue Reading

Did You Know…Background Checks – Buyer [Employer] Beware!

Posted in Class Actions, Discrimination, Forms, Litigation, Privacy

As we recently reported at our annual employment law seminar and discussed in “Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks,” background checks are not only the focus of the EEOC and FTC, but also plaintiff class action attorneys.  Underscoring this point is the recent putative class action filed against UBS Financial Services, Inc…. Continue Reading

Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks

Posted in Disability Discrimination, Discrimination, Privacy

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy. Recently, the EEOC and FTC** issued joint informal guidance concerning the issues employers may face when consulting background checks… Continue Reading

California Supreme Court Clarifies Standard for “Mixed Motive” Defense to Employment Discrimination Claims

Posted in Court Decisions, Discrimination

In a partial victory for employers, the California Supreme Court ruled in Harris v. City of Santa Monica that even when an employee proves that a discriminatory motive was a “substantial factor” in an adverse employment decision, the employee is not entitled to damages, reinstatement, or backpay, if the employer can show that the same… Continue Reading

Did You Know…New Bill Introduced in the House – Equal Employment Opportunity Restoration Act – Would Overturn Dukes Ruling

Posted in Class Actions, Discrimination, Legislation

On June 20, 2011,  the United States Supreme Court decided the landmark case of Wal-Mart Stores Inc. v. Dukes which significantly impacted enforcing anti-discrimination laws (as well as other laws) by way of class actions. One year later, both Al Franken, D-Minn., and U.S. Rep. Rosa DeLauro, D-Conn., introduced the Equal Employment Opportunity Restoration Act.    If… Continue Reading

Did You Know…EEOC Holds That Title VII Protects Transgender Employees

Posted in Discrimination

In a landmark decision on April 23, the Equal Employment Opportunity Commission (EEOC) issued a ruling concluding that “intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination ‘based on…sex’ and such discrimination…violates Title VII.”  The EEOC found that discrimination against a transgender individual because that person is transgender is, by definition,… Continue Reading